Mann Singh vs State Of Haryana on 11 January, 2018

CRM No.M-43864 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 43864 of 2017(OM)
Date of Decision: January 11 , 2018.

Mann Singh …… PETITIONER (s)

Versus

State of Haryana …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Keshav Pratap Singh, Advocate
for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.500 dated

25.04.2017 under Sections 307/323/498A/506/302/304B/34 IPC, registered at

Police Station Sadar Gurgaon, District Gurgaon.

It is submitted that the petitioner, who is the father-in-law of the

deceased, has been involved in this case merely due to his relationship. The

petitioner, it is argued, is a driver working for a company-Q3 Infotech Pvt. Ltd.

He was not even present at the matrimonial home when the unfortunate incident

took place. Reference is made to the company log details (Annexure P1). It is

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further submitted that the deceased in this case was taken to the hospital by the

family of the petitioner. The mother-in-law and sister-in-law of the deceased

were found innocent by the police during investigation. Moreover, examination-

in-chief of the complainant in this case has been carried out. Thereafter, an

application under Section 319 Cr.P.C. has been moved for summoning of the

accused found innocent during investigation. The petitioner, it is submitted, is

not involved in any other criminal case. The petitioner undertakes not to misuse

the concession of bail, if afforded to him. It is thus prayed that this petition be

allowed.

Learned counsel for the State submits that there are specific

allegations against the petitioner. However it is affirmed, on instructions from SI

Rajesh Kumar, that the deceased was taken to the hospital by the family of the

petitioner. It is further affirmed that an application under Section 319 Cr.P.C. has

since been moved for summoning of the co-accused found innocent during

investigation. The petitioner is not reported to be involved in any other criminal

case. Trial in this case is not likely to conclude in the near future. There are no

allegations on behalf of the State that the petitioner is likely to abscond or that he

is likely to dissuade the witnesses from deposing true facts before the Court, if

released on bail.

Keeping in view the facts and circumstances of the case but without

commenting upon or expressing any opinion on the merits thereof, this petition

filed by Mann Singh is allowed. The petitioner be released on bail pending trial

subject to his furnishing requisite bail bonds and surety to the satisfaction of the

learned Trial Court.

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It is made clear that the petitioner shall not directly or indirectly try

to contact the complainant, any of his family members or witnesses in this case.

Any such infraction on the part of the petitioner may entail cancellation of his

bail.

It is clarified that none of the observations made hereinabove shall

be construed to be a reflection on the merits of the case. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
January 11 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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